[Inclosure 1 in No. 85.]
Mr. Bragg to Mr.
Mariscal.
Legation of the United States,
Mexico
June 20, 1888.
Sir: I have the honor to advise your excelleney
of receipt of dispatches at this legation from the State Department at
Washington, instructing me to call the attention of the Government of
Mexico to the following facts:
“Mr. W. G. Allen, consul of the United States at Piedras Negras, in
Mexico, on the 13th of May, ultimo, received from one B. B. Glasier, a
citizen of the United States, a written communication requesting such
consul to visit him for information and consultation, stating that he
was in confinement at the jail at said town, under charge of the crime
of embezzlement-of |100 and upwards. Mr. Allen immediately called upon
the jefe politico and requested permission to visit the prisoner, which
it was then stated would be allowed. Shortly after, the consul, in
company with the mayor of Piedras Negras, called on Rafael Herara, first
local judge, and the prisoner was brought there. After a very few
moments conversation with the prisoner, the conversation was broken off
by the judge, with the information to the consul that he had no right to
converse with the prisoner; and, upon the reply made by the consul that
he had obtained permission from the jefe politico, Judge Herara ordered
the prisoner removed from the room, which was done, and very shortly
after Judge Herara issued instructions in substance, ‘that the prisoner,
Glasier, could be seen by any one except the American consul!’
“The same afternoon an ex parte examination was
had. The accusers, with their counsel and interpreter, were present, but
the accused was unrepresented by either counsel or interpreter.
“A few days later (May 17) the consul, applied to the federal judge of
the district and fully explained the case to him, and called his
attentipn to the official discourtesy shown by Judge Herara above
stated. The federal judge, after a lengthy discussion, promised to have
the case brought before him on review, and to advise the consul of the
result. But he further informed the consul that, under existing Mexican
law, an alien charged with crime was not entitled to a trial before a
federal court.”
It would seem that Judge Herara committed a gross breach of courtesy
toward the American consul, and by his order giving all persons
communication with the prisoner except the consul intended his action as
a studied insult to him.
It would seem that the admission of the accuser with counsel and
interpreter to an examination of the prisoner, and rejection of the
official representative of the United States under whose protection the
prisoner placed himself, was hardly giving the accused the guaranties
and protection alluded to in your excellency’s note of June 8, instant,
in reply to mine asking that certain guaranties be extended to Lola
Willis, a prisoner in the state of Vera Cruz.
It would seem also that Judge Herara violates not only the ordinary rules
of courtesy, but also the rules of law which are recognized and obtain
in Mexico, in the treatment of the consul of the United State?, who
sought to be informed as to the offense, etc., with which his countryman
was charged. (See Foreign Code as compiled by Aspíroz, article 473.)
My Government feels assured that the conduct of Judge Herara will meet
with prompt disapproval by the Government of Mexico, and I am instructed
in this connection to ask of your excellency’s Government such public
announcement, order, or
[Page 1216]
instruction for the guidance of the judicial officers of the Republic of
Mexico as will prevent the recurrence of such disagreeable episodes and
secure to American consuls or diplomatic representatives, as the case
may be, free access to American citizens when detained in Mexican
prisons upon preliminary charges or for trial; and also when they are
being examined upon any criminal charge, or when preparing for trial, or
when desiring advice as to an appeal to a superior court, or to
executive clemency.
I avail, etc.,
